The Second Criminal Chamber of the Supreme Court has rejected the appeal for reconsideration filed by the Public Prosecutor's Office and the private prosecution against the dismissal of the case that judged Senator Pedro San Ginés (Canarian Coalition) for false testimony and false accusation.
On April 17, the Spanish High Court issued the free dismissal and definitive filing of the case opened against the former president of the Cabildo of Lanzarote for allegedly falsely denouncing Antonio González, administrator of Climafrical, the then CEO of the Tourist Centers, Carlos Espino, and José Manuel Páez.
In its writing, the Public Prosecutor's Office pointed out "several errors" in the judicial resolution and stated that San Ginés "from the first complaint" showed "intention to intentionally misrepresent the truth" and to "intentionally cause damage" to the businessman from Lanzarote, Antonio González, and Carlos Espino with "political purposes." The private prosecution, headed by Alexandra González Viera, the businessman's daughter, then adhered to the appeal presented by the Prosecutor's Office.
In the order to which La Voz has accessed, the Supreme Court has responded to the Public Prosecutor's Office that "the basic requirements and elements of the crime of accusation and false accusation are not present."
The Public Prosecutor's Office stated in its appeal to the Supreme Court that San Ginés voluntarily went to the Costa Teguise Civil Guard barracks at 10:30 p.m. on Wednesday, November 11, 2009, to denounce Espino, González, and Páez.
In this line, the Supreme Court states that the current senator could file the complaint "at any time," as long as it was not time-barred and that the dismissal of the case "does not mean that the initial complaint was false."
In addition, the High Court has added that "the circumstance that the sources of information come from the political group Canarian Coalition does not in itself taint the content of the complaint as spurious."
It also does not give importance to the similarities between the complaint filed in November 2009 by San Ginés himself and the lawsuit filed against the same people by the entity Centers of Art, Culture and Tourism in May 2010, when it was presided over by the nationalist.
Regarding the different statements in judicial headquarters of the former president of Lanzarote, the Supreme Court adds that "indications of crime cannot be extracted either."
To conclude, the Supreme Court has added that since these are strictly intentional crimes, "mere assumptions or suspicions that complaints are filed through issues related to belonging to one political group or another cannot be predicated in their authorship." In addition, it emphasizes that "it must be evident."